### Doc ket CST 95-236 u .S. Departmen t of Tran sportation Offic e o f the Secretary of Tran sportation 

# AGREE MENT

Th e undersign ed c arriers ( hereinafter referred to as " the Carr iers") he reby agree as foll ows : 1

. Each of th e Carr iers shall, eff ective M ay 1 6, 1966, i nclude the following in its cond itions o f carriage , including tariffs embodying conditions of carr iage filed b y it with any gov ernment :

"The Carrier shall avail itself of the lim itation of l iability provided in the Convention for the Un ifica tion o f Certain Rules Relat ing to International Carriag e b y A ir signed at W arsaw October 1 2 th , 192 9 , or provided in the said Conventi on as am ended by the Protocol s igned at The Hague S eptembe r 28th, 1955

. However, i n ac cordan ce w ith Article 22 (1) of s aid Convention

. or said Convention as amended by sai d P rotocol, the C a rrie r agree s that , a s to all i nternational transportation by the Carrier as defined i n t he said Conv ention o r said Con vention as amende d by said Protocol , which , acc ording t o the contra ct of Carri age , includes a po int in th e Un ited States of America as a po int of orig in , point of destinati on , or ag reed stopping p lace ( 1) The l imit of liab ility for each passenger for d eath , w ounding , or other bodi ly i njury shall be the sum of US $ 75,000 inclus ive of lega l fees and costs , e xce pt th at, in case of a cla im brought i n a State where provisi on is made for separate award of legal fees and costs , the limit shall be t he s um of U S $ 58 , 000 e xclusive of legal fees and costs

. (2) The Ca rrier shall not , with respect to any claim arising out of the death , w ounding , o r other bodily injury of a passenger , avail itsel f of any defense under Article 20(1) of said Con vention or said Convent ion as amended by said Protoco l

. N oth i ng here in s hall be deemed to affect the rights and liab ilities o f the Carr ier w ith regard to any claim brought by , on behalf of, or in respect of any person wh o has willfully caused damage which resulted i n death , wounding, or other bodily injury of a passenger " 2

. Eac h Carrier shall , at the t ime of delivery of the ticket , furnish to each passenger whos e transportati on is go verned by the Convention , or the Convention as amended by the Hague P rotocol, and by the special contract described in paragraph 1 , the fo llowing notice , which shall be pr inted in type at least a s large as 1 0 pomt modern type and i n ink contrasting w ith the sto ck on ( i) each ti cket ; (ii) a p iece o f paper either placed in the ticket envelope with the ticket or attached to the ticket ; o r ( iii) o n the ticket envel ope:

"ADVICE TO INTERNATIONAL PA SSEN GER O N LI M ITATIO N OF LIABILITY Pass engers on a j ourney in volving an ultimate destination or a stop in a country other than th e country of origin are adv ised that th e provisi ons of a treaty k nown as the Warsa w C onvention may be appli cable to the ent ire journey , including any portion entirely within the country o f origin or destination

. For su c h p assengers on a journey to , from , or with an agreed stopping place i n the United States of Ameri ca, the Convent ion and special contra cts of carriage emb odied in applicable tariffs provide that the l iability of 

## Kuwait Airways Corporation [ce rtain 

## l" [ ((lame of carrier) and certain other] carriers parties to s uch spec ial contracts for death of o r personal injury to passengers is limited in most cases to proven damages not to exceed U S $ 75,000 per pass enger , and that this liability up to such limit shall not depend on negl igence o n the part of the carr ier

. For s u ch pass eng ers trave li n g by a carrier not a party to su ch special contracts or on a journey not to, from, or having an agreed st opping p la ce i n t he U nited States of America, l iability of the carrier for death o r personal injury to passengers is limited in most cas es to approximately US $ 1 0 , 000 or US $20,00 0. The names of C arriers parties to such special contracts are available at all ticket offices of such carriers and may be e xamined on request Additi onal protection can usuall y be obtain ed by pu rc hasing i nsurance from a pri vate company

. Such i nsurance is not affecte d b y any limitation of the carrier' s li ability under the Warsa w C onve ntion or su c h spec ial cont racts of carriage

. For further i nformation please consult your a irline o r i nsurance company represe ntative. " 3

. [This Agreement was filed with the Civil Aeronautics B oard of th e U n it ed St ates. T he Boar d a pproved it by Order E -23680, adopt ed M ay 13 , 1966

. The Agreement (Agreement 1 8900) b ecame effective May 1 6 , 1966

. On January 1, 1 985, this Agreement beca me the responsibil ity of the Department of Transportation ( DOT) by operation of law .] 4

. This Agreement may be s igned in any number of count e rpa rts , all of which shall constitute one Agreement Any Car rie r m ay become a party to this Agreement by signing a counterpart hereof and depositin g it wi th DOT.

and the other Carriers parties to the Agreement ( Sig n at ure and Date ) "E ither alt ernative may be used

. ( P ri nted Name a nd Title ) 

## Di re c t or Planning & Int'l Affairs ( Name and Address of Carr ier) 

## Kuwait Ai r ways Corporati on CST Form 4523 (Former ly CAB Form 263 ) 

## Kuwalt InternatlonaI Al r p o r t P.O. Box 394 S a f a t 13004, Kuwait _ _**-= s.=** **:::::. ~~~~~~~~** **::::::-** 

## _

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. Any Carrier party heret o may withdraw from this Agreement by gi vi ng twe lve (1 2 ) months' written notice a